Where does South Carolina stand in the Section 504 lawsuit?

COLUMBIA, S.C. (WSPA) – South Carolina is one of 17 states involved in a lawsuit that could impact students with disabilities.

Section 504 plans make it illegal for any program receiving federal funding to discriminate against a person with disabilities.

It’s part of the Rehabilitation Act, covering students with any physical or mental impairment limiting major life activities or daily functions, learning disability, chronic illness and mental health conditions.

In May 2024, former President Joe Biden expanded the term disability to include “gender dysphoria,” prompting several states to sue the federal government.

South Carolina joined Texas in a lawsuit that could affect 504 plans in September 2024.

“I’ve had members of my staff with children that received accommodations under Section 504,” said South Carolina Attorney General Alan Wilson.

President Donald Trump signed an executive order in January to erase President Biden’s change to the law.

Wilson said by entering the lawsuit, he never wanted to get rid of section 504 — just President Biden’s changes.

“I would never, you know, support anything that would jeopardize that and so the families out there who are concerned or having any anxiety, I rest assured that Section 504 will remain intact,” Wilson said. “Those accommodations that you and your children are receiving will remain intact.”

But Kimberly Tissot, President of Able SC, said Wilson did not read the complaint fully before signing on. She said in one section of the complaint, it states that Section 504 would be declared unconstitutional.

“It was really taken out of context, and really was their reaction, their quick reaction, to something that’s not even in the regulation. They were willing to sign on to this lawsuit and take a whole population down,” Tissot said.

Attorney General Wilson said states involved in the lawsuit are communicating next steps.

“What we don’t like is we don’t like it when someone amends federal law through executive fiat and expands the scope of a disability to be something that the law specifically excluded when it was drafted in the early 1970s,” he said.

But Tissot said the disability community needs the states to take action now and take South Carolina off the lawsuit.

“I encourage him to do that today, if he wants to continue to be an ally for the disability community, which I know he is,” Tissot remarked. “We need him to remove South Carolina immediately, and with his leadership, he can influence other states.”

South Carolina is still named on the lawsuit, but Wilson said the states involved are discussing terminating the complaint due to President Trump’s executive order.